Punjab-Haryana High Court
Prem Singh vs State Of Punjab And Ors on 21 March, 2024
Neutral Citation No:=2024:PHHC:041141
2024:PHHC:041141
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Reserved on : 12.03.2024
Pronounced on : 21.03.2024
(i) CWP-10786-2015
Prem Singh .....Petitioner
Versus
State of Punjab and others .....Respondents
(ii) CWP-11553-2015
Tirath Singh .....Petitioner
Versus
State of Punjab and others .....Respondents
(iii) CWP-11641-2015
Kamaljit Singh .....Petitioner
Versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present : Mr. Ish Puneet Singh, Advocate
for the petitioner(s).
Mr. Teevar Sharma, AAG, Punjab.
Mr. J.S. Toor, Advocate and
Mr. Adhiraj Toor, Advocate
for respondents No.2 to 6.
NAMIT KUMAR, J.
1. This judgment shall dispose of CWP Nos.10786, 11553
and 11641 of 2015, as common question of law and facts are involved
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for adjudication. For the sake of convenience, facts are taken from CWP
No.10786 of 2015.
2. The present petition has been filed by the petitioner under
Articles 226/227 of the Constitution of India seeking a writ in the nature
of certiorari for quashing the order dated 13.03.2014 (Annexure P-4),
passed by respondent No.4, to the extent the petitioner has been held
entitled to arrears of pay w.e.f. 07.09.2011 instead of 23.01.2001.
Further a writ of mandamus has been sought for directing the
respondents to grant all consequential benefits to the petitioner from the
date of regularization of his service i.e. 23.01.2001, along with interest.
3. The brief facts, as have been pleaded in the petition, are
that the petitioner was appointed as Mali on daily wage basis in the
Punjab Mandi Board on 06.01.1991 and since his case for regularization
was not being considered by the department, he approached this Court
by filing CWP No.12322 of 2011 which was disposed of by this Court
vide order dated 15.07.2011, whereby the respondents therein were
directed to consider and decide the claim of the petitioner within a
period of two months and if the petitioner was found entitled to the
relief claimed, the same should be granted within a period of 02 months.
In pursuance to the order dated 15.07.2011, passed by this Court, the
case of the petitioner for regularization was considered and his services
were regularized w.e.f. 23.01.2001, vide order dated 29.08.2011
(Annexure P-2). Thereafter, the petitioner represented to the authorities
concerned for grant of payment of consequential benefits such as
opening of service book, annual increments and ACP scales etc. w.e.f.
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23.01.2001, vide his representation(s) dated 24.02.2012, 13.07.2012 and
10.01.2023, however, vide order dated 13.03.2014, passed by
respondent No.4, it has been ordered that arrears shall be paid to the
petitioner only w.e.f. 07.09.2011 and from 01.11.2006 to 06.09.2011,
notional fixation shall be done. Aggrieved against the order dated
13.03.2014, the petitioner has preferred the instant petition.
4. The respondents have filed their written statement, wherein
it has been submitted that the services of the petitioner have been
regularized w.e.f. 23.01.2001. He has been granted the benefit of ACP
on completion of 04 years and 09 years of his service in view of letter
dated 03.11.2006 and has been granted notional fixation of pay w.e.f.
01.11.2006 to 06.09.2011. It has further been submitted that in
compliance with the order dated 15.07.2011, passed in CWP No.12322
of 2011, the case of the petitioner was considered for regularization and
accordingly, his services were regularized w.e.f. 23.01.2001 and after
regularization, the petitioner has joined on 07.09.2011 and the benefits
for the service rendered by him on daily wages prior to his
regularization is not maintainable, therefore, notional pay fixation was
granted for the period from 01.11.2006 to 06.09.2011 and arrears have
been granted from 07.09.2011.
5. Learned counsel for the petitioner submits that once the
services of the petitioner have been regularized w.e.f. 23.01.2001, he
cannot be denied the benefit of arrears of regular pay scale from that
date. He submits that the said order of regularization has been passed in
pursuance to the directions passed by this Court vide order dated
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15.07.2011 passed in CWP No.12322 of 2011. Learned counsel for the
petitioner restricts his claim only with regard to the grant of arrears of
pay w.e.f. 23.01.2001 i.e. the date from which the services of the
petitioner have been regularized.
6. Per contra, learned counsel for the respondents submits that
since the services of the petitioner have already been regularized in
terms of the relevant policy, the petitioner cannot claim the arrears of
regular pay scale prior to the date of passing of the order i.e.
29.08.2011.
7. I have heard learned counsel for the parties and perused the
relevant record with their able assistance.
8. Admittedly, the petitioner joined the service of the
respondent-Punjab Mandi Board on 06.01.1991 on daily wage basis and
his claim for regularization has been considered by the respondents in
pursuance to the directions issued by this Court, vide order dated
15.07.2011, passed in CWP No.12322 of 2011 and the services of the
petitioner have been regularized w.e.f. 23.01.2001 vide order dated
29.08.2011. Thereafter, the petitioner has joined on regular basis on
07.09.2011. Meaning thereby, the petitioner was entitled for
regularization w.e.f. 23.01.2001 and it is the respondents who have
delayed his regularization and once his services have been regularized
from earlier date, he cannot be denied the regular pay scale of the said
post w.e.f. the date of regularization i.e. 23.01.2001. Moreover, no
justification has been given by the respondents for not granting the
arrears of regular pay scales to the petitioner from 23.01.2001 onward.
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9. In view of the above, the present petitions are allowed. The
respondents are directed to grant the arrears of pay to the petitioner(s)
on account of regularization w.e.f. 23.01.2001 till 06.09.2011, with all
consequential benefits, within a period of 03 months from the date of
receipt of certified copy of this order.
(NAMIT KUMAR)
21.03.2024 JUDGE
Kothiyal
Whether Speaking/reasoned Yes/No
Whether Reportable Yes/No
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